The trademark biomodal was filed by Biomodal Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on June 21, 2023, and received one opposition filed on September 21, 2023 by Börsch, Christoph on Likelihood of confusion. the opponent was represented by MESSNER RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 21, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2024.The first Cancellation was filed by Biomedal, S.L. (represented by PONS IP, S.A.) on November 26, 2024 and Adversarial proceedings are ongoing.
Change of name and address of the trademark registration was recorded on February 6, 2024. Change of name and professional address of the trademark registration was recorded on August 28, 2024. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on November 27, 2024.
Goods And Services
The mark was filed in class 1 with following description of goods:
Diagnostic preparations for scientific research purposes
Diagnostic preparations for scientific or research use other than for medical use
Reagents for scientific research use
Chemical reagents for scientific purposes
Chemicals for use in scientific epigenetic research
Chemicals for use in scientific analysis [other than medical or veterinary]
Chemicals for use in the preparation and analysis of DNA and DNA extracts
Chemical preparations to oxidate and bisulfite DNA extracts
PCR (Polymerase Chain Reaction) reagents
DNA primers
Biochemical preparations for scientific purposes
Biochemicals for in vitro and in vivo scientific use
Biomolecule labelling kits comprising reagents for use in scientific research
Chemical products for diagnostic use [scientific] all for scientific research purposes
Reagents for medical research use.
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations
Chemical and biological preparations for medical or veterinary purposes
Diagnostic substances for medical and veterinary use
Preparations for detecting mutations in genes and genetic predispositions for medical or veterinary purposes
Stem cells for medical or veterinary purposes
Biological and chemical reagents for medical or veterinary purposes
Clinical and medical diagnostic reagents
Diagnostic preparations for medical research purposes
Preparations for use in medical epigenetic research
Chemicals for use in the preparation and analysis of DNA and DNA extracts
Chemical preparations to oxidate and bisulfite DNA extracts
PCR (Polymerase Chain Reaction) reagents
DNA primers
All for medical research purposes
Medicines for human or veterinary purposes.
The mark was filed in class 9 with following description of goods:
Scientific apparatus and instruments
Scientific research and laboratory apparatus, educational apparatus and simulators
Scientific apparatus and instruments for the analysis of DNA and other biological materials
Diagnostic testing apparatus and instruments
Apparatus and instruments for genetic analysis
Computer programs, software and databases relating to the fields of genetics and DNA analysis
Computer software relating to the analysis of DNA and other biological materials
Parts and fittings for all the aforesaid goods.
The mark was filed in class 10 with following description of goods:
Surgical, medical and veterinary apparatus and instruments
Apparatus for clinical diagnosis
Diagnostic apparatus for the detection of mutations in genes and genetic predispositions
Medical test kits for the detection of mutations in genes and genetic predispositions
Apparatus for taking blood samples
Blood testing apparatus
Parts and fittings for all the aforesaid goods.
The mark was filed in class 42 with following description of goods:
Scientific and technological services including medical and veterinary research and analysis relating thereto
Industrial analysis and research services
Research and development in the field of biotechnology, biology and chemistry
Scientific investigations for medical purposes
Scientific laboratory services
Scientific research
Scientific research and analysis
Scientific research and development
Scientific research for medical purposes
Scientific research for medical purposes in the area of cancerous diseases
Scientific research in the field of genetics and genetic engineering
Scientific research relating to bacteriology
Scientific research relating to biology
Scientific research relating to chemistry
Scientific research relating to genetics
Scientific research relating to genetics of plants
Scientific research services
Scientific services
Scientific services and research relating thereto
Scientific testing services
DNA screening for scientific research purposes
Pharmaceutical research and development
Research and development services in the field of genetics
Genome research
Stem cell research
Gene therapy research
Genetic engineering services
Genetic and epigenetic analysis services
DNA methylation and DNA hydroxymethylation analysis services
Nucleic acid sequence analysis
Research services for the development of new products
Design and development of computer hardware and software
Design and development of computer hardware and software in the field of genetic and epigenetic services
Provision of information and data relating to medical and veterinary research and development
Software as a service (SaaS) services relating to the analysis of DNA and other biological materials
Software as a service (SaaS) services relating to the fields of genetics and DNA analysis
Providing access to non-downloadable computer software relating to the analysis of DNA and other biological materials
Providing access to non-downloadable computer software relating to the fields of genetics and DNA analysis
Professional consultancy and advisory services relating to all of the aforementioned services.
The mark was filed in class 44 with following description of goods:
Medical and veterinary services
Medical and veterinary services relating to DNA, genetics and genetic testing
Clinical, medical and surgical diagnostic services
Personalised medical services tailored to patients based on genetic or other information
Health care
Medical and healthcare clinic services
Physical therapy
Pharmacy advice
Hospitals
Medical equipment rental
Professional consultancy and advisory services relating to all of the aforementioned services.